By FGP on 20th August 2019
In a recent edition we covered Tribunal cases that tested the latest Telecom Powers. The allocation of costs has now been examined in the matter of Cornerstone Telecommunications Infrastructure Ltd v Central Saint Giles General Partner Ltd & Another (ELECTRONIC COMMUNICATIONS CODE - COSTS - access for inspection of potential site) [2019] UKUT 183 (LC) which was an application brought by Cornerstone Telecommunications.
The decision fell in favour of those faced with Code Operators looking for suitable sites for their apparatus. The Tribunal emphasised that Operators “cannot simply demand unquestioning cooperation from property owners”. While landowners faced with applications of this kind should not be afraid to question the Operator’s demands, the Tribunal cautioned that unreasoned opposition might be penalised in costs awards.
Collectively the costs sought exceeded £100,000. The Tribunal ultimately found against CTIL for having “refused steadfastly to place any limit on the rights it required”. Although the respondents were criticised for not fully explaining their opposition to CTI, an award of £5000 to each respondent was made. This reflected that there was no realistic fear of abuse of the Code rights sought because they were only sought for a period of 28 days.